Owning a fully automatic firearm in the United States is heavily regulated and requires navigating a complex legal landscape. This process is significantly more challenging than acquiring a semi-automatic weapon. This guide outlines the steps involved, emphasizing the importance of complete adherence to all federal and state laws. Failure to comply can result in serious legal penalties, including hefty fines and imprisonment.
Understanding the National Firearms Act (NFA)
The cornerstone of full-auto firearm ownership is the National Firearms Act (NFA) of 1934. This act imposes strict regulations on certain types of firearms, including machine guns, short-barreled rifles and shotguns, silencers, and destructive devices. Crucially, the NFA mandates registration of these items with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Key Requirements of the NFA:
- Registration: Before you can legally possess a machine gun, you must register it with the ATF. This involves completing ATF Form 4 and undergoing a thorough background check.
- Background Check: The background check is extensive and includes fingerprinting. Any felony convictions or certain misdemeanor convictions will disqualify you.
- Tax Stamp: A significant tax is levied on the transfer of NFA items. This tax, currently $200, is paid as part of the registration process.
- Waiting Period: There's a waiting period, typically several months, while the ATF processes your application.
The Process of Acquiring a Full-Auto Firearm
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Finding a Registered Machine Gun: This is often the most difficult step. The supply of registered machine guns is limited due to the NFA's restrictions on new production. You'll likely need to find a licensed dealer specializing in NFA items.
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Completing ATF Form 4: This form requires detailed personal information, including fingerprints and photographs. Accuracy is paramount; any errors can delay or prevent approval.
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Submitting Your Application: The completed Form 4, along with the required tax payment and supporting documentation, must be submitted to the ATF.
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ATF Background Check and Approval: The ATF conducts a thorough background investigation. This process can take several months, even longer in some cases.
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Taking Possession: Once the ATF approves your application and issues a tax stamp, you can legally take possession of the registered machine gun.
State and Local Laws
It's vital to understand that federal laws are not the only consideration. Many states have their own laws regarding the possession of machine guns, which may be more restrictive than federal regulations. Some states outright ban the possession of machine guns, while others may impose additional requirements. Always check your state and local laws before attempting to purchase a full-auto firearm.
Responsible Ownership
Even with legal ownership, responsible handling and storage are crucial. Improper storage can lead to accidents and legal ramifications. Familiarize yourself with safe gun handling practices and comply with all applicable storage regulations.
Seeking Professional Guidance
Navigating the complex legal requirements of owning a fully automatic firearm is best done with professional assistance. Consult with a lawyer specializing in firearms law and an ATF-licensed dealer experienced in NFA items. Their expertise will help ensure compliance with all applicable regulations and prevent potential legal issues.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. Always consult with qualified legal professionals and ATF-licensed dealers before attempting to acquire or possess any NFA-regulated firearm. The information provided here may not be comprehensive, and laws are subject to change. Failure to comply with all applicable laws can result in severe penalties.
